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HomeMy WebLinkAboutC2015-501 - 12/7/2015 - NA 201_5049—)39 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 Walmart Real Estate Business Trust (the "Developers"), in order to defer the completion of certain required public improvements prior to recording the final plat of S.P.I.C.E Plaza Block 1, Lots 4 & 9, 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 Sixty Four Thousand Six Dollars and 10/100 ($64,006.10), 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: 2015-501 12/07/15 state Business Trust-S.P.IC.E Plaza Block 1, Lots 4&9 vFinal Page 1 of 8 -eement Template Version 1.0 8.25.15 Walmart Real Estate Business 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 Sixty Four Thousand Six Dollars and 10/100 ($64,006.10), 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 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 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, Deferment Agmt Walmart Real Estate Business Trust-S.P.I.C.E Plaza Block 1, Lots 4&9 vFinal Page 2 of 8 Standard Form Deferment Agreement Template Version 1.0 8.25.15 redemption, restrictions, limitations, and use as made be made subject to this 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. Deferment Agmt Walmart Real Estate Business Trust-S.P.I.C.E Plaza Block 1, Lots 4&9 vFinal Page 3 of 8 Standard Form Deferment Agreement Template Version 1.0 8.25.15 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.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 security, or as may be made applicable by the Attachment, 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. Deferment Agmt Waimart Real Estate Business Trust-S.P.I.C.E Plaza Block 1, Lots 4&9 vFinal Page 4 of 8 Standard Form Deferment Agreement Template Version 1.0 8.25.15 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 the Attachment 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 Deferment Agmt Walmart Real Estate Business Trust-S.P.I.C.E Plaza Block 1, Lots 4&9 vFinal Page 5 of 8 Standard Form Deferment Agreement Template Version 1.0 8.25.15 comply with any term, condition, or requirement of this Agreement constitutes a default of this Agreement. 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 Walmart Real Estate Business Trust-S.P.I.C.E Plaza Block 1, Lots 4&9 vFinal Page 6 of 8 Standard Form Deferment Agreement Template Version 1.0 8.25.15 EXECUTED IN ONE ORIGINAL and made effective this day of PSC 071567/- , 20 . CITY OF CORPUS CHRISTI P. O. Box 9277 Corpus Christi, TX 78469-9277 (361) 826-3240 Office (361) 826-4428 Fax Signature Printed Name: .))L(o J}! "9 45 Title: Assistant City Manager, or Designee STATE OF TEXAS § COUNTY OF NUECES § This instrume as acknowledged before me on 1—'ee,G �" , 20 �, by o �w.w-� , Llss� X111.-c 1 (title) for the City of Cor•us Christi, Texas. J JUAN CLUGO My CoMmission Expires ��7' si� October 15,2017 Fp{1f otary 'ITC'S ' *nature APPROVED ASA STANDARD FORM LEGAL DOCUMENT: !) ' J'' , 20;' . CITY ATTORNEY CVL Signature Printed Name: 0�Icfn art- Title: Assistant City Attorney Deferment Agmt Walmart Real Estate Business Trust-S.P.I.C.E Plaza Block 1, Lots 4&9 vFinal Page 7 of 8 Standard Form Deferment Agreement Template Version 1.0 8.25.15 DEVELOPERS: Walmart Real Estate Business Trust 2001 S.E. 10th Street Bentonville, AR 72716-5535 (479) 277-1691 (479) 277-1977 (FAX) �,,.�,, ,,,\ , � ...prprA Signatur- 5‘" cr) ...,�� V Printed Name: J. Scott Greear ,Ip' a Title: Senior Director ""'1 Walmart Real Estate Business Trust Date: AC.P,;vYl.6P,Y' U/ ��.5 STATE OF AhLeta-.5 § COUNTY OF B0,44fit § This instrument was acknowledged before me on —. ec-ev^-- - r 4 , 20 I s, by Sco4-1- Gr-ecc r , or 1St (title) of Walmart Real Estate Business Trust, a Corporation, on behalf of said corporation. DAWN MICHELLE GRIGGS NOTARY PUBLIC Benton County,Arkansas • My Commission Expires 8/15/2021 / Commission Number 12383643 Notary Public's Signature Attached and incorporated by reference into this Agreement: Exhibit 1 – Plat (2 pages) Exhibit 2 – Required Public Improvements (1 page) Exhibit 3 – Cost Estimate (1 page) Exhibit 4—Copy of Financial Security Exhibit 5 – Disclosure of Interests (2 pages) Attachment A – If applicable pursuant to paragraph 6 Deferment Agmt Walmart Real Estate Business Trust-S.P.I.C.E Plaza Block 1, Lots 4&9 vFinal Page 8 of 8 Standard Form Deferment Agreement Template Version 1.0 8.25.15 PLAT OF r/ S.P.LC.E. PLAZA 0PP_ —©©-RD ,L; AUG I z ems LOTS 4A&9, ,..._PLANNINGCOMMISSION BEING A REPLAT OFA TRACT OF LAND ° ___X00 OUT OF LOT 4,BLOCK 1 WOW eraa2 or Far S.P.1.C.E.PLAZA, AS RECORDED IN VOLUME 58,PAGES 166-167, AUG-4 2015 PROJECT MAP RECORDS OF NUECES COUNTY, TEXAS LOCATION AND CONTAINING 22.48 ACRES OF LAND SOUTH PADRE ISLAND DRIVE 7 STATE HIGHWAY 350 I §i LOCA11ONMAP g g is t Set 55 OBI J 58.29'2B' SEE SS'O6-E I ,I s - - - - 110.60' -I} _ STATE OF TEXAS F I rMjtj rr az - "YR.ro` 6,� �� Stacey king Mora. (I ry w I' I �. 1 Stacey Km9 Mora. Retatered Pro- b Land q I H Surveyor, herebywily that this.survey p w qqq $3 h$ g iii prepared tan actual the 9mvxd survey I9 6 oa 55 ,_'1 � made ender my direr-Jinn and u0,00 ion. and 3 z v I R Y..4 rc R 3 I represents me facts found at the ame t survey, ,303 ' and that ass survey sueit- adoptedby Texas Board of I I Ifi Is at fir,:R Ma., g Professional Land Surveying ^1 lin.i Isa. 561•35 06-E e1.m 526.,,• I 'ei.ae 56, S�M�9-E-^ I;I I Stacey King Mora ,� $o 9�JO'- Registered Professor",Land Surveyor otycis II L u �„„ �,,.m �,u n, _ S, q , Texas Regtsnauon No.6166 m 4 6u y r.DEC RoterMVOS -1 I 2K39' I =I i t Lpr n K, s I Na sur h Ere as de.me 56Y 56.25`E £ �, neon sa n. F 1l7).� I Date: I xm s.,er vee mc aR9Mecrm.E CONTYLKAa/ECES STAIFO TEXAS I &AR ,ort i I I I This plat of SPICE. PLATA BLOCK 1, LOTS 4A 6 9. is approved by me Department of II Development Services Engineer of the Cay of Gm..�, Corpus Chalet Texas.5 this the day' of 3-6-i R I a or 44.MAR I 4• I x r- 2n Apo I YAl.5 W I 8 5 ereatawarr. Rol 'Y Pa ubru,P.O.,LEER AP (� tServwaE a§ c.9_ I x W } m $ y � IRR Its SrarEOFrExAs FNIJE 13 Ns!ZEses_r'WERE_ $ j COI/MTV OF NUECES _ --.771 _ _ _ 1 F- ausr I, J. Sooty Grasar,Screw Diirx.II,y Wal-Mar!Rea 7 _ I `II; . State BIfIB uono. Trust, do hereby certify that we I I I =.,§ boo da ors d 010 a e9amg m5 of the lands embraced fin f5 TNN drown hereon are hereby dedicated dme public 1Tr the mstallaeon. operation and maintenance 1 pobbc ubbbe. Aa streets,alley and rigibs ys Som hereby dedicated in fee simple. to me CO of RI I orewerr, I Corpus Christi AY municipal purposes. I This nor day of------- ,2015 Iey I; Cli J I Scott ea Senior Director Wal-Mart Real Estate Business Toot Iq STATE OF TEXAS 1uE _LJO•I_ COUNTY OF NUECES I I lilt r• I This Instrument was aciuiow,'edged before me by L_ k I J. Scott neper, prow.rr to me to be the pereon whose signature is made on me /oregiomg II moan of wrwng. and he acknowledged to rote Ar uE I o_lto' //r�� .......111.00-1 mat he executed Me same he lhhe purpose and r i f L4.- -rN =•i_ - -i..-7-.rw ,c_ _ __�_ - E^r considerationsisttemamin expressed and m me T 1�,L ,—�_._ carr capacity stated -stir 5¢'2V48 tmalr— f Given under my hand and seal d deme, ins the tae KxuaR H day of .2015. Bl6rCL • seALEC MI6 ow,. aMYwrrUc'rE -._ Notary Public Stit 7E OF TEXAS =IOW x vuNo'Mrnreerr.Ow COUNTY ONUECES 1,Kra Sands,Clerk dew County Courtin and for GOVERN.TOTAL Purim AREACnnwus..a ACRES OE LAN 1 T S DEVELOPED At.REVDEN150 USES. sad County,do hereby certify mature foregoeg CEMPLANCE Wm Tor OPEN SPACE REGUUTnNwu BE instrument dated dor day of r ARE REARNOSMSED ON THE MONS REQUIRED CURING NE aVuuiNG PERI.PHASE ffARNAr; 009055VANIER,SM.fore few S7A2EOFTEXAS ,2015,at otbot_8E, /9611)040 ALL ALL pe ANCEES ARE 51IRFACE.DATNECe6. aPROMO.PUBLIC AcCESS TO COUV7YOeNUECEs end duly recorded the days araC.,I Orn PROPERTr TED,ISA REDUAdENT OF 2°15.at o'UOG'_M..br a_ THE AIMED DEVELOPMENT CODE AND s 5MW[0T T000108;F This plat d SPICE.PUZA•BLOCK 1.LOTS 44 the map records of said Cour*,in Volare M ASTNE ANG MAV CHANGE - LEGEND: 8 9.approved by the Flaming Commission an Page .Instrument Number -503.IRON 000 FO0N0 dor behalf of the Day of Corpus Llnr a, Taxes,m1s • nrt RECEIANG WATER FOR THE STORNI PATER RUMOPE O -A 5/e'nMAUER or the day of 2015- FROM THIS PROPERTY IS THE OSO CREEK THE TOED HAS MDT e' UNC 8ON ROD Witness my naw.and seal of me County Court in U.S..TA AOLIANC LAE USE FOR THE OSO CRO.BUT SET NTN RED 000SITc and for said Carry at office in Corpus Christ. TAMPED IE,uSMlni Philp J.Ramirez,ALA LEEDAP Moose Carry,Texas.dor day and year last written. 11.0 AS NASSEIED THE AQUATIC LIFE LISE FCR THE pep ENE.C.L.TLC' ChairmanV.E. MUTT EASEMENT . CATEGORIZED THE D...AA,.AS'.ON AC1 Or MANGE EASEMENT RE..REAnOor.,SE YA. YARD RECAREUENT By O.R. DEED RECORDS Dante/M.Granebo,PE.,Al.CP. Deputy Kea Sads,Cbrk 000.1140 NIE PROPERTT OA SCALE ON 5,0 IAL(REPosy _ GRP. 495.0(1 ll&1C RECORDS Secretary any Cowlono RATE 000 DOkomMUTRANEL AD Ames arc C 1REVAED MN M.05.INDICATES THE PROPERTY IS 1030 INSURANCE n ROOD .C..1%. NUECES COnNrv,1F'lI0.S Rivas,Carly.Texas Aa AREA OF WNRNE FLOODING DOC 00W�41 zCNFCOEEnEO TS MOT 10 SCALE vests EZOOTS TRAT=,c ACCESS VOL. ABUSE MANAGEMENT PLAN PG. PAGE PLAT OF Naismith En ineerin Int" WALMART STORE#470 S.P.LBLE.PLAZA Ei NaismithEngineering,Inc 051.10.000 I`61.e1.«a1 BLOCK I AROUTECTUREe ENGINEERING a ENVIRONMErRAL•SURVEYING:Rear."^n^.et:. LOTS 4A&9W 4501 ROAD w W.erre no r13,3E wrsnlN0TON 405 w RARER AVE sem.. N' 1bMG.As coR Wal-Mart Store N 470 IRE 001)SE MI E43)51i)10esw TI 75701 m:(see,si14155 TX . w0(em16n n�E 502 1 1..1..7 CITY OF CORPUS CHRISTI,NUECES COUNTY,TEXAS 158EP14550•UWE r-355e 1BPGPSW1T e Tensl'100ma0 a rw5Ert5.E„6Et0EERm0m+ go,,,, PLAT 000TO015 Exhibit 1 I1p 11111 t1'e?zir ® 883 ^ ai I It. sl 'w a r =t11.104.11 3/1 > ie p'}< 4 tP rata$ a ‘P)Pil) m - - -- -a- _ - _ _. "j— t \ —4 -> I // a . :. . „..........a t.j l'J : 4, -:.- ,,,,,, 1017... ,,r,i13. c 1 , iri fi \ _ !' k -.74 l (._. . . • °_._,-)J ->J 1 , I. . a xg 1 jr, i'"1 ., _ a { 1 4)i LI adas , P 11 1 ` K I = C I ,-1 4•F�'1 I -+ t®!'t`t� ;iii;i.. a U €t:!I .. y� E[ aaff -K„4!..+ t-1:as.. t x = S r3 E E • iI I .eeyt�l',r� pY *a I 4. g " 1 I i,,. .1: rl, il - le-14 :*.,f--- , i:1h! ,, I; i iE IKI.t.1�11 oaf g t!e t Y It!' [_ cos :g� _. 1 p atJi Y •Ft c-I.O•o Ai-., 1 . 1 /Oh . I M -- !; i' 1 X 11 I 1 [ 1 Ni i !6#P1 3t#i;l [ , LIli „ ,„R,v si Ina �.. � 8 4. r ' l' T - - z li / m � iy=1 !IN:14IN"l 1t 1I1t1E,##1 iAr'ril.l1 i;ll 94 aE I9 lila; llll rx2•8:i l111Isl� s`! I ` •1 • Atli TIT!E Ili xt t o ; I AAP141:1MAP12•1 mi M icirl t .1 ;# II11l�I I!Pl1{I•#1 ai 11i ,' ? t>`; I 1 !Ia1�I111; IS !i f _ ;,AIx1r: [[txt:ACtC'- 5:.1,4,! [ t#yx 1 .^1 1[ _! :i 1 . 1 saj I r i1 ..� It l t j l ”,t [ , Ir t [- 1 I i l IIIiIII 15;1111r1 1.11110,i!.. 1 pm'I.1 IA , 0:4 P [ 1 1�iR.1�I[ . 1 a 1 i :t 1 � !�' 4 A �'�i`t1 �, [� 1 � � 1 1 oAAePPovPooPPPe m Ir l .I:l � s1 1 li JI 1 ��� � 1 1! a i � � ��il [e, `a2 C11 i1d I 1 [# #tit�� Jg#;Ii !1 itiiictt:�i 21 'liII 16#! A ;0 I 41)11 iill iii! ! .111 111.1 P P{t a I a'` 0 Pei 1 # .4 iiiiilg111 tiol ii=i 1 M ;o ? r •u I x1#it1 if a. I . I[ ails t#1 1! MURPHY OIL USA, INC. Greenuer9Femw la ” z ` 1 1« • ,;.. SHEET NO. IPI�URPHYI200 PEACH STREET UTILITY UT I USA- P.O. BOX 7000 WALMgal ART St�ERcENTER WO( 1 EL DORADO. AR 71730-7000 ��+••.-. 3 PADRE ISLAND DR CORPUS CHRISTI TEXAS a-IUM MURPHY USA It Murphy USA OPC 1200 8 MPD Opinion of Probable Costs: Date: 06/30/15 Project Nan*: Corpus ChristL TX OPC Ste: Prol.ct Location: 1621 S.Padre Island Drive(Wal-Mart Supercenter 0470) Murphy OneMa Acreage:0.76 GF Pro)sd Number. 20130525.0 Disturbed Acreage:1.66 Prep.!Chk'd by:MS/PC Materiel&tabor [water Line Quantty Units Unit Price Total 1 `.x btolal r PVC(Class 200) 773 L.F 536.00 $27.626.00 Excavation and Sack%(man 4'deepl3'widelcom7ected) 773 LF. $25.00 118.32500 Fre Hydrant 1 Each $4.800.00 $4.500.00 !Sub Total _ $51.853.00 $51.803110 sumoul $51,953.00 EnpneerkQ.Surveying and Tastng 12% 56,234.36 Defend Cost 10% $5,818.74 'Murphy Site Cost 564,006.10 NOTE:The information provided Is for reference only and is NOT a Construction Cost Estimate BUT a Engineering Opinion of Probable Cost. Cost information has been developed from a conceptual site layout plan.historical reference and from resources familiar with documented construction methods /ISSUMPTIONS 1 QUALIFICATIONS: (1)OPC based on site development plans by GF for a Murphy 1,200 SF gas station located in Corpus Christie.TX dated 06/04/2015(Rev-1) (2)Environmental remediation Is not included in total cost(I a Asbestos Remediation) (3)Assume that rock removal veal not be required ��e►�►�����\\ (4)Estimated labor and equipment costs are included in the unit costs . S OF 7 t\ (5)Final costs will be determined by final bids 4 4.y' ........fi CSI t� •• `,.1� ••••• * till . il: i:.t. '.519• ";'c55i :' • Q•• ? ii •; OCT 072015 Digitally signed by Ratna S.Pottumuthu,P.E. RAMS ARE cmesv r es ON:Cn=Rama S. tLNSTeIWCTU Or rUeUC �NrxAsrxucruRr OW Pottumuthu,P.E., NvE"'"ENr5t5%ZI o=Development Services, City cif commmor,Mo..,... ou=City of Corpus Christi, Christi ..c1.1.(0....."''' email=ratnap@cctexas.co m,c=US Date:2015.10.14 13:50:28 -05'00' Page 1 Exhibit 3 NOT APPLICABLE City of Corpus Christi,Texas Department of Development Services City ofP.O.Box 9277 Corpus Christi,Texas 78469-9277 7 (361)826-3240 Corpus Located at: 2406 Leopard Street Christi (Comer of Leopard St.and Port Ave.) DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". NAME: t46-�C ,#a# ig1•l ilpf fi JJ 7 373 STREET: >00.2 511./ 67111 CITY: eeYif/),?p//4. )lie ZIP: Z 22%2- FIRM is: ❑ Corporation ❑ Partnership ❑ Sole Owner ❑Association ,Other Bl1Sjv1 X$i Ti'�57� 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". Nam Job Title and City Department (if known) 4h41g, 7 adkial ,e'er 'd 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 � ou -L kril)11//ed � 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;9416/* Pfrt Arian/ 1,4n,i, e4 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". N�/ d Consultant n e' i �n �r'l!z —44, ./4//eicse 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,/ri� Texas� �� as changesL ` occur.Dn _� �' /Certifying Person: WQ14rit 1.421 Erici sine,55A / I7 Title: `% �� L1f'eL11"2 (Print) 5c0/, G/'Ge-a1" Signature of Certifying Person: =��, Date: fo.eir.T\K.\DEVELOPMENTSVCS\SHARED\LAND DEVELOPMENORDINANCE MINI' .ATION\APPLICATION FORMS\FORMS AS PER LEGAL\20LOF INTERESTS Page 1 of 2 STATEMENT1.27.12 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:\DEVELOPMENTSVCS\SHARED\LAND DEVELOPMENT\ORDINANCE ADMINISTRATION\APPLICATION FORMS\FORMS AS PER LEGAL\2012\DISCLOSURE OF INTERESTS STATEMENT 117,I2.DGC 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. - - _, _I i_ _ _ _1 i_ _ _1 1._ � 1_ J 1— _ — _I li- - -1 i_ _ _1 I 1 0 0 • (:_ozo } Murphy Oil USA,Inc. 200 Peach Street(71730) Check Number:3072358 Amount:S••••64 006 10 P.O.Box 7300 Check Dote:11/18115 El Dorado,Arkansas 71731-7300 Payee:5651792 CORPUS CHRISTI CITY OF INVOICE DATE COMMENT AMOUNIWPAID INSTALLFEE7628 11/16!15 64,006.10 TOTAL 64,006.10 • i- "'---.---.._,._ .._`AI;144ti4•.,imicixau'13:1[d•IBL1L'1'8 aiaogauki+ll utitaigui#9Edvis44,19111731t:LL1IDomma7d4f.Litar•.(•nai. memommimms Murphy Oil USA,Inc 200 Peach Street(71730) �'* +; Mfiy Check Number 3072358 P.O.Box 7300 ttaerorpSsuth MS 82s PHY USA EI Dorado,Arkansas 71730 El Dorado,Arkansas 71731.7300 r >_; P:ntc Date Amami 1_j a L-' 5651792 11/18/15 S'' 64,006 10 Void After Six Month Pay SIXTY FOUR THOUSAND SIX AND 10/100 Murphy Oil USA.tue _ To CITY OF CORPUS CHRISTI .....,►i,m- , 9 The 2408 LEOPARD ST Counter'A to* SUITE 100 equlred B over 550,000.00 Order CORPUS CHRISTI 7X 78408 - 1 d C1 LOf G <ii:i3a:LU?aL'7Y7SIr.I:O>Cridr. = v n. Lc r.. 'Sr..- r,tmPS a, .,,,t a . • I "030 ? 2358" 1:0653004861: L L 20390453" Attachment A Gott -f0_ -50'3 a+ 239 t Pages 16 12/14/2015 i.'24PM Official Records of NUECES COUNTY KARA SANDS COUNTY CLERK Fees $75.00 Any provision herein which restricts the Saler Rental or use of the described REAL PROPERTY because of Race, Color, Reli ion, Sexy Handicap, 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 was FILED in file number sequence on the date and at the time stamped herein by me, and was duly RECORDED in the Official Public Records of Nueces County, Texas KARA SANDS sr F'y'.1'F6T4 :,?2)0,,)%,12):(.0 tr tt-;-{1- —± S.a•'`r#y- _ .�'-`,,t%,1 2):4 0 ao' Foam: _J J 44..k 6 C: y of Corpus 6nristi Deietlpment Services/ fSpecial Services 2406 Leopard, Suite C J Gnrpus Christi, TX 78408 /