HomeMy WebLinkAboutC2015-322 - 10/28/2015 - NA ^•,.}, . 20:1504_ 4 :a:
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 Flint Hills Resources
Corpus Christi, LLC (the "Developer"), in order to defer the completion of certain
required public improvements prior to recording the final plat of Flint Hills Tract, Block 1 ,
Lot 1, 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 Two
Hundred Five Thousand Three Hundred Twelve and 80/100 ($205,312.80),
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:
2015-322
10/28/15 ,es Corpus Christi, LLC-Flint Hills Tract Block 1, Lot 1 vFinal Page 1 of 8
3ement Template Version 1.0 8.25.15
Resources CC 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
Two Hundred Five Thousand Three Hundred Twelve and 80/100
($205,312.80), as a form of financial security authorized in Section 3.30.1 of the
UDC, upon execution of this Agreement. 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.
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 fora 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
thirty (30) 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
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
Deferment Agmt Flint Hills Resources Corpus Christi, LLC-Flint Hills Tract Block 1, Lot 1 vFinal Page 2 of 8
Standard Form Deferment Agreement Template Version 1.0 8.25.15
Agreement shall be as further set out in an attachment to this Agreement, which
attachment is to be attached to this Agreement and the content incorporated by
reference into this Agreement as an "Attachment." The parties agree that, should
there be, by the attachment and incorporation of the Attachment to this
Agreement, any conflict in the terms, conditions, or requirements stated in this
Agreement (including its exhibits) and the Attachment, the provisions of
Attachment take precedence over conflicting terms in the Agreement and its
exhibits. All other provisions in the Agreement (and its exhibits) not in conflict
with the Attachment 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.
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,
Deferment Agmt Flint Hills Resources Corpus Christi, LLC-Flint Hills Tract Block 1, Lot 1 vFinal Page 3 of 8
Standard Form Deferment Agreement Template Version 1.0 8.25.15
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.B 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 AitttacAPnt
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.
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
Deferment Agmt Flint Hills Resources Corpus Christi, LLC-Flint Hills Tract Block 1, Lot 1 vFinal Page 4 of 8
Standard Form Deferment Agreement Template Version 1.0 8.25.15
•
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.
. -t-q
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.
Deferment Agmt Flint Hills Resources Corpus Christi, LLC-Flint Hills Tract Block 1, Lot 1 vFinal Page 5 of 8
Standard Form Deferment Agreement Template Version 1.0 8.25.15
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 One Original, 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 12 months from the date executed by the last party
signing this Agreement.
(EXECUTION PAGES FOLLOW)
Deferment Agmt Flint Hills Resources Corpus Christi, LLC-Flint Hills Tract Block 1, Lot 1 vFinal Page 6 of 8
Standard Form Deferment Agreement Template Version 1.0 8.25.15
•
E C IN ONE ORIg.JNAL and made effective this Av day of
, 20 6.
CITY OF CORPUS CHRISTI
P. O. Box 9277
Corpus Christi, TX 78469-9277
(361) 826-3240 Office
(361) 826-4428 Fax
v `
Sig ture
Printed Name: 6, -A/fial 11-7 CR/02 S:60
Title: Assistant City Manager, or Designee
APPROVED AS A STANDARD FORM LEGAL DOCUMENT: /6 , 20 /
CITY ATTORNEY
AtiL,
Sig ature
Printed Name: J U1i4A 641r
Title: Assistant City Attorney
Deferment Agmt Flint Hills Resources Corpus Christi, LLC-Flint Hills Tract Block 1, Lot 1 vFinal Page 7 of 8
Standard Form Deferment Agreement Template Version 1.0 8.25.15
DEVELOPERS:
Flint Hills Resources Corpus Christi, LLC
2825 Suntide Road
Corpus Christi, Texas 78409
(361) 242-8358
(361) 242-8315
Signature
Printed Name: Valerie Pompa
Title: Vice President
Flint Hills Resources Corpus Christi, LLC
Date: //0'a/—/S�
STATE OF I e_XeLS §
COUNTY OF 1\11,1Q.C_LS
This instrument�ras acknowledged before Raj on , c.. a 0. , 20 15, by
Va�eX i 2 vo yl V ? ar ' ,ren (title)
of Flint Hills Resources Corpus Christi, LLC., a Delaware Limited Liability Compny, on
behalf of said company.
/. I SPw� PATRICIA G�lAitt Cly I r:=o.•.. ..,a\;.,; BORDAYO
Notary Public's Signature `t �y ,= STATE OF TEEXAS
oF *y'f My Comm. Exp. 09-04-2019 ►
Attached and incorporated by reference into this Agreement:
Exhibit 1 — Plat (1 pages)
Exhibit 2 — Required Public Improvements (2 pages)
Exhibit 3 — Cost Estimate (1 pages)
Exhibit 4—Copy of Financial Security
Exhibit 5 — Disclosure of Interests (2 pages)
Attachment A— If applicable pursuant to paragraph 6
Deferment Agmt Flint Hills Resources Corpus Christi, LLC-Flint Hills Tract Block 1, Lot 1 vFinal Page 8 of 8
Standard Form Deferment Agreement Template Version 1.0 8.25.15
Plat of
4
Flint Hills Tract ..'
Site
- '4, ,,,`,4an, Waatend Lights Block 1,Lot 1 "''mow.
* Nva_9.8,•Bj Vol 15,Pg.4,Mop being 11.96 acres of land out of Lots 57 and 36, HB. '
cp, °c%
Records of Nuace.County,Tera , �
f, ep„Mpn 4 ' Sheppard Form Lots, o mop of which is recorded in Volume A
' -----...„:„...,t,
- y e Lot 15 I Page 51, Map Records of Nueces County, Texas;sold 11.96
nr
'.i''
}0g v'�"'�. acres being comprised of three tracts described as o 4.54 acro `'oro., � _ .
M 1 BusinessS,
:-...------'-'
Retail lot A, Lot 18 tract, 0 1.46 acre tract and a 5962 ace tract of/and, on o
i Block \ Block 2 I Popes 192, 116 and 57, respectively, in Warranty Geed from r,� \ " �_--
L201
egend.
r-------flint Hills Resources, LP, a Delaware limited partnership, to Flint
„ .."----:::-.1:::-..
-----z--,_
�\ \ Fh'!ls Resources Corpus Christi, LLC, o Oe/aware limited liability
°�_ _ w 1 company, recorded in Document No. 1010040416, Official Public
_- fi \fir 14.p1, i,4 Records of Nueces County, Texas.
I I� �� Lot 1 ��e��Sg:T -'mob' .9
t - BH _ 7pyw,�\\f \ L- <.�5§.c &xk 1 A.
j.. LOCATION MAP N.T.S.
Legend: ,J--�§;."5
'0y;,�.�` \ I p a YAI►2 5 2O
O Sis-Iron Rod Set �' �, S-° Lot 3 ' \ \sy
15 1-1
1 g i e ay State of Texa
•uRlaw EN-OR C.C.n' '4_ I h ��� County of Nueces
• 5/8.,nn Red Found I PLANNING COMMISSION
• '4 `\\fo.N This final plot..f Lie Meet.1leserbeJ P,werty was approved by the Department of Development
® P;w Foam g . r Lot 4 ` Services of the City of Corpus Christi,Texas.
81 k ..“.19:8,0:4•
rLotS ''',\
C } firs rR C
y t,...\--
.......
\ -+J This the_day of 20
11ll t
~ +`.LSC'Pet...Faso.. \ �• Lot 1
1t.Lo Perm A \�,'e•
' _, ere No .N.S1y'a; \ 1 Ratner Poltumuthu,P.E.,LEED AP
�I�lov�e)onr.nc, \\ \N 5; s21,12esf i� Development Services Engineer
I Lot 6 vv ISS? e.t
I \ \ } Sx StTexas
County
of Tez
T ...- - \ \ Eg 0 ntr of as
Lot 7 p rW �� \ o This final plat of the herein described property wos approved on behalf of the City of Corpus Christi,
,�\ \.\ yy ,I, Texas by the Planning Commission.
��, -.r ___ t.�gDls ^.-,,,....-._-_.--,...„. \`age,.K 'vew $ This the day of _20--
1.n' L o _s — •\\\ ` �t:T ie:2,,,s
•o/a,�����` �Aw . Daniel M.Grimsbo,P.E.,A.I.C.P. Philip J.Ramirez.A.I.A.,LEED AP,Chairman
` hyo
'�'S 6: Lot 9 l''...4:*"..,--"------- `j'^�\\.QG" c n 2 Secretary
. I —"a n —... Lot 37.H B.Sh5.00 eppard
out
of Farm Lots fi pV.0.�4+w RQe. �\ �� � J'�r
. g i WPar q 3,r oy rettaws,,,,, w State of Texoa
a`6 Lot 10 Vol. Nueces5Cou Mop Rexasde of R,ygtr kv Z � \ `4C);sV g County of Nueces
y e (Owner.5kn1 Investment Company,Inc.) le
-..ol '-_ \ f9 I.Kara Sonde,Clerk of the County Court In and for sold County,do hereby certify that the foregoing
(Vol.1911,Pg.849,D.R.N.C.T.) verve 0 Ay,417. u instrument dated the_day of 20._.with Its certificate of authentication was
r Lot 11 Jam' _ `��\ �.R4�` I. filed for record in my office the—day of 20—At—O'clock____ M..and
�'. .-4141,...4.20441Z
�r"aa,r4 duly recorded the_day of 20—at_O'clock-J,1.,in said County In
- ;- �� 'T Volume ,Page—_ _,Mop Records.
150 100 50 0 1 0 200 ''I Ver' y'''070.87.'t ��` _Z Witness my hand and seal of the County Court,M and for sold County,at office In Corpus Christi,
1 a'RM.0 IP-sEn `—r I Taxa.,the day and year last written.
Graphic Scale \l':;I:
-'
State of Texas 1"=100' Lot 1,Block 1
County of Nueces MeaneyIndustrial Tract „ Filed for RecordKora Sands,County Clerk
Flint Hills Resources Corpus Christi,LLC,a Delaware limited IiobNity company,hereby certifies Volo 46.P.160,Mao Nuevo,County,Texas
plot; Records f Nueces County,Texaf
that It Is the owner of the lands embraced within the boundaries of the foregoing that Notes: �. at O'clock_JA.
it hoe had said lands surveyed and subdivided as shown; that streets shown are dedicated I __— 20_ By
to the public use forever; that uttlty easements(does not include pipeline and/or electrical 1.)Total plotted area contains 11.96 acres of land. Deputy
easements)as shown ore dedicoted to the public use for the installation,operation and use
of public utilities; and that this map woe made for the purpose of description and 2.)Set 5/8 inch iron rods with red plastic cap stomped"URBAN ENGR C.C. TX”
dedication. at all lot corners,except where noted.
This the day of 20 3.)The receiving water for the storm water runoff from this property is the Stote of Texas
Corpus Christi Inner Harbor. The TCEO has classified the aquatic life use for County of Nueces
the Corpus Christi Inner Harbor as"Intermediate". I,Keith W.Wooley,a Registered Professional Land Surveyor for Urbon Engineering,have prepared the
By. 4.)Bearings based on GPS, NAD83, Stole Plane Coordinate System,
foregoing map from o survey mode on the ground under my direction and is true and correct to the
best of my knowledge,Information and belief; I hove been engaged under contract to set all Lotandnd
Valerie Pompa,Vice President&Manufacturing Manager Texas South Zone 4205. Block corners as shown herein and to complete such operations with due and reasonable diligent
consistent with sound professional practice.
State of Texas 5.)By graphic plotting only, this property is In Zone"C"on Flood Insurance Rate
County of Nueces Map, Community Panel No. 485464 0134 C, City of Corpus Christi. Texas, This the day of 20
which bears an effective date of July 18. 1985 and is not in a Special Flood
This instrument was acknowledged before me by Valerie Pompa,Vice President& Hazard Area.
- Manufacturing Manager for Flint Hills Resources Corpus Christi.LL.C.,0 Delaware limited
liability company on behalf of said L.L.C. 6.)The yard requirement, as depicted is o requirement of the Unified Keith W.Wadey,R.P.L.S.
Development Code and is subject to change as the zoning may change. Texas License No.5463
This the day of ,20................ 7.)Commercial driveways shall be installed by the property owner to comply with
county regulations and must have an approved driveway permit by the Nueces
_ County Department of Public Works prior to installation.
Notary Public In and for the State of Texas f� DATE: Fstwuary 13, 2015
8.)Minimum finished Boor elevation shall be 12 inches above the center of the - �U R A N SCALE; .. 4285
road surface,unless otherwise noted by engineer of record. ENGINEERING JOB NO.: 42853.83.00
n
,,- et;, , w"'
NIMMO
SHEET: 1 of 1
NO!OM ev.ee t ml as J DRAWN BY: XG
Exhibit 1
CONSTRUCTION PLANS >Ce 5 MSta1�2 `Ce urr4"
a�Cf Doan 1>.41 1,011
rOeMON.1 041-011-1!113 0 11x51 NKr
M
■a LaC 0/1IS M 60.4rwrc
/1(2 a ft4.I
FOR Kat 9. M
at,. PUKE
as+mloEltS Mato I W01 uWM.
vor Sx0020 5,112101 WWI mOn
PUBLIC Ce Itle
wO w"MIMS
WATER IMPROVEMENTS
TO SERVE
FLINT HILLS TRACT, BLOCK 1, LOT 1
CORPUS CHRISTI, TEXAS
�r 1
R.„„„
• INpc.: , i t e
COVIN —•---- M..ara,
DE 1taa00110 33020401%UR'RCOCMlI
ODOM KIM MR HC.SCUM OI K O1
MbU Fry'MISPOISEU 4AP[SCN aS IOC
FW01C/y{j 2 MS V •
snx mAti N1RGSJN
22.an 00 C.C.510$ wanDUALSRO wane DUALS Or S
21.CM OF C.C.Sl/114P/1RO*MU KILLS 2 2 Of 1
24-U11 Of C.C.S1U04R0 walU MAILS 1 Of S
25.do OF C.C.5110022/110 16/1I611 0612LS 4 Of 5
20.Una C.C.51/1140619 YMCA[CMS S!Of 5
1,.-..,10..
\`i
as•w.v.4
ENGINEER:
MURRAY F. HUDSON, P.E.
URBAN
91a1mh armed„SRA 44.41
..�•.M. 902 .54.Aw I,D.Ct1TD/ ENGINEERING
Ca'W1C1.n1Lw.a..17of w
tR _I=
nnWwahmnt•di2mtaT _ _ .�..�_
mus JOB NO. 42853.00.00
041r20141t 1.12494.-011 DATE: NOVEMBER 2014
,.,. _ ,--„ OF 2
Exhibit 2 Page 1 of 2
00Th.a. . �`«n I.S�,,n4.„ 14
//I�{{ it I L.orWaf [`{
-"s, r..... It1 1 N. Iu ' RLL OVUM ALM'
■
• .ur. r N.0
rrt
0.0
tc ('1'7l Mw:0
I W
Y• lire E
',444.,pt. l ifs m..rn.......e.......... i
I.r,I - •1551.12•••••• a.ta.m r . .a•e,.'w..mat•••••001001
.•".‘••••'• -S 6'-8'BACKFLOW PREYENTER 0 z 1 8
t..u.1 DOUBLE_CHECK DETECTOR ASU Y �`»t•',.m'�'
. ... s
L wr 00 x.s ^ .....0.4.1..'sw•wa .. • Y
............r.r.r.»w L w:i' wrs.'e m`ars'�raeft
o' S 6 u
is� ^ y ��• MOW ft
pan msy � �
.• " •M. PI. 6Wi[.4l
- - I f.YiaMr aL1
am..
v.,.....,..x..,•- II
—1:1r[ u..a - .•'m.0..• a .. .11 M.•••• .� ri.
�7.11• .. .. . - _ -.i-_-_-_ _ — ____ UP aur.-m F� , 1C:®lewi.
••� •• a n ••rn
- - "-t•—- -,. rr .. !7ir —-1,- -l r-----iQ-... -'—i-+• ----1 f. —_ _
1111
*A 4
•
su r.w1
•
maw s -.e.
` 5 x a.«.wacw...w..r..�....mrs%."�`.+r" W -r
• .e..r , ., O ...ir.M.erW..•wr'NK.R•MAX•.01
ei .rte= a ..�AN K 1.612.1
71
w 1.00 :00. . 1.: a
.�
r.w▪ -/ .. awa..4..r 1 ,--r — d..,.,..,.
1-1"t .w. mer.. o�� C. .. .. •.•Me.Wei galr Pi
'li
...r...... M Z r.i
LI if
...1 ar wow .Jr»� a. O..NOP MO
2
. 1.111...• M 1 Li 1
Owtnaw.
lywMes.nnw '` 1..:.�Wit
Mu Bra
i .1 al2
............»u ails . ~' ...x.[a, or
£p_ ,. _. ..�... -Date-2O14.11.13 IlU149 _. f
-0iDP _ n.o .2fSSa..O
,.�. i.f[a. .re JOB NO.
Exhibit 2 Page 2 of 2
•
Eng: Murf Hudson,PE Revised Preliminary Cost Estimate Sept. 17,2015
By: Michael York,EIT for Public Improvements to serve Job No.42853.00,00
Flint Hills Tract
Block 1,Lot 1
ITEM DESCRIPTION QUAN. I QUAN.+ I UNIT UNIT TOTAL
5% I PRICE COST
C. WATER IMPROVEMENTS:
1 8"PVC C-900 2,041 2,143 LF $50.00 $107,150.00
2` 8"Gate Valve and Box 7 7 EA $2,000.00 $14,000.00
3 Fire Hydrant Assemble 5 5 EA $5,000.00 $25,000.00
4 8"Cap&Plug 1 1 EA $500.00 $500.00
5 Tie to Ex.8"PVC w/8"x8"Tapping Sleeve&
8"Tapping Gate Valve 2 2 EA $3,500.00 $7,000.00
6 Paving Repair 2 2 LS $6,500.00 $13,000.00
WATER SUB TOTAL: $166,650.00
i TOTAL ESTIMATED CONSTRUCTION COSTS: 1$166,650.00
ENGINEERING,TESTING,&STAKING FEES @ 12%: $19,998.00
IGRAND TOTAL: $186,648.00
CITY REQUIRED PLUS 10%: X 1.10
TOTAL REQUIRED SECURITY: $205,312.80
Note:Unit Prices for this estimate were derived from a running average of contractor pricing for work in Corpus Christi.Texas
•
;/•••1� J'� t
•t GENE C. URBAN, JR./,$
.00 o E 47142 °��4cc of°
t fss • �G ar/6•�'!�i
THE SEAL APPEARING ON THIS DOCUMENT
WAS AUTHORIZED BY EUGENE C. URBAN, JR.,
r.E., TX. REG. 47142 (10/01/2015)
Urban Engineering Firm No. 145
2725 Swantner
Corpus Christi,TX 78404
1-361-8543101 1 of 1
Exhibit 3
NOT APPLICABLE
City ofCorpusorDevDevelopment
Terve
•
Department orpus Christi,pmenl ens
City of ervices
P O Box 9277
Corpus Chnau,Texas 78469.9277
(361)826-3240
Corpus Located at I406 Leopard Street
asmsm {Comer ofLeo and St and Port Ave
c =Christi p
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".
[ 1
NAME: �11.^i f 1 IIS ��G"�r,c L :=v c (--41�, 1
STREET: Qg2C"-- rdc. /c1•1( CITY: C' r (i hi fZIP: 2g-4o
FIRM is: 0 Corporation ❑Partnership 0 Sole Owner ❑Association (l Other l-/,),,k.t F ��
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
N/f
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
N/
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: i/G �'�� Poo, € I Title: Aa tf)re i+
(Print)
Signature of Certifying Person: Date: 7i '
DEVELO 7
tEN ' Exhibit TI
SVC SHAREDLAND DEVELOPMENPORDINANC:ADMIN1S ' 1OON FORMSIFORMS AS PER LEGAL.3n121DISCLOSURE OF NTERESTS
STpage 1 Of 2
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 1DEVELOPMENTSVCSISHAREDILAND DEVELOPMENDORDNANCE ADMINISTRATION APPLICATION FORMSIFORMS AS PER LEGAL 71121DISCLOSURE OF INTERESTS
STATEMENT!2712 DOC Exhibit 5 Page 2 of 2
•
•
City will cash a cashier's check from Developer within 5 business days of receipt of the
check. The funds will be placed in a non-interest bearing account during the term of the
Agreement. After acceptance of the public improvements, the City will refund the
amount of the check to Developer as specified in the Agreement.
tlINTRUST30004810
1-888-849-9153
Bank CASHIER'S CHECK INTRUST BANK,NA
INTRUST Bank,N.A.Wichita,Kansas Wichita,KS
40.2
TM
1."Two hundred five thousand three hundred twelve dollars and eighty cents 6"
Remitter;Flint Hills Resources Co •us Christi LLC
CATE CHECK AMOUNT
Cash Drawer.395 September 25, 2015 "$205,312.80
ORA .INTRUST Bank.N.A.
TO City of Corpus Christi �+, '. , /I�, ,moui+r
ORDER
OF14"/i,
'�.g�,{�1, S - r�• -••ANY • �a ttiAN S1,000 00
�j SECURITY FEATURES*CLUCEO.DETALSONBACK LIJ •.1Lna,_aton r.fl I .C'M ..acrurian,
11'0 300048 100 i'. 10 11000 291: 2 7 5 20to"
Attachment A
. .
Doc 20 1 5043433
t: Poses 17
10/29/2015 1:14PM
Official Records of
NUECES COUNTY
KARA SANDS
COUNTY CLERK
Fees $79.00
Any nrovision herein which restricts the Sale,
Rental or use of the described
REAL PROPERTY because of Race, Color,
Religion, Sex, Hundicon, Familial Status, or
National Origin is invalid and unenforceable
under FEDERAL LAW, 3/12/89.
STATE OF TEXAS
COUNTY OF NUECES
I hereby certify that this instrument wos 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
l72.���
P-611: -�~
of Corpus 6tiristi
De 4.)pment Se ^ces/
. / / Special Services
2406 Leopard, Suite���w ��w��^�, ^��^�� .��
Corpus Christi, TX 78408