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HomeMy WebLinkAboutC2015-536 - 12/22/2015 - NA \ V 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 Point Development, LLC (the "Developers"), in order to defer the completion of certain required public improvements prior to recording the final plat of Brighton Park Addition No. 2, 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 One Hundred Fifty Thousand Two Hundred Thirty-One Dollars and 62/100 ($150,231.62), 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: C2015-536 12/22/15 ,t, LLC-Brighton Park Addition No. 2 vFinal Page 1 of 8 ement Template Version 1.0 8.25.15 Point Development LLC SCANNED 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 One Hundred Fifty Thousand Two Hundred Thirty-One Dollars and 62/100 ($150,231.62), 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 Point Development, LLC-Brighton Park Addition No.2 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 Point Development, LLC-Brighton Park Addition No. 2 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 8.1.10.6 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 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 Point Development, LLC-Brighton Park Addition No.2 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 Point Development, LLC-Brighton Park Addition No. 2 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 December 15, 2016 from the date executed by the last party signing this Agreement. (EXECUTION PAGES FOLLOW) Deferment Agmt Point Development, LLC-Brighton Park Addition No. 2 vFinal Page 6 of 8 Standard Form Deferment Agreement Template Version 1.0 8.25.15 EXECUTED IN ONE ORIGINAL and made effective this�� "q day of Uec,avwt rV` , 20 S . CITY OF CORPUS CHRISTI P. O. Box 9277 Corpus Christi, TX 78469-9277 (361) 826-3240 Office (361) 826-4428 Fax (-0 Signature ; Printed Name: al t( t e f e (9 /K ✓l Title: Assistant City Manager, or Designee STATE OF TEXAS § § COUNTY OF NUECES § This instrument was acknowledged before me on DEW"& L am), 20 15, by 74u IMC G% raid ,Oeue.►-or.,....d- 5e v't�- 'sacc4Y (title) for the City of Corpus Christi, Texas. '/ U Z tWr nye 6 %` JUAN c LUSO My "ommission Expires •� ��� October 15,2017 411:1117•TliWrnature APPROVED AS A STANDARD FORM LEGAL DOCUMENT: yA/Vit J4 , 20/6. CITY ATTORNEY clke-1?-ett- Ati' //,/tY Signature Printed Name: IOL/4 ,j/ £ 24/Vr Title: Assistant City Attorney Deferment Agmt Point Development, LLC-Brighton Park Addition No. 2 vFinal Page 7 of 8 Standard Form Deferment Agreement Template Version 1.0 8.25.15 DEVELOPERS: Point Development, LLC 2607 Cardinal Lane Humble, Texas 77396 (361) 438-5397 (361) 814-5391 (FAX) Signature Printed Name: Frank Manning Title: President Point Development, LLC Date: \\,_ - L - Z.� STATE OF I nOti S § COUNTY OF QtA<<-.4st § This instrument was acknowledged before me on �c--el,^'-- Z I , 20 15 , by - 1.)k k Vt I4 / &"— , t eC.,r (title) of Point Development, LLC, a Limited Liability Corporation, on behalf of said corporation. JUAN C LUGO e v \ Commission Expires � 2/`� , My� October 15, 2017 eft" Pu ig • .t At ached and incorporated by reference into this Agreement: Exhibit 1 - Plat (1 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 (2 pages) Attachment A - If applicable pursuant to paragraph 6 Deferment Agmt Point Development, LLC-Brighton Park Addition No. 2 vFinal Page 8 of 8 Standard Form Deferment Agreement Template Version 1.0 8.25.15 Plat of .?° Brighton Park Addition No.2 )RGEND Being a final plat for 10.00 Acre Tract more or less, of Lot 8, Section 21, Flour Bluff and a"R Encino) Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41-43, Map SITE ia, Records of Nueces County, Texas. Being conveyed in Special Warranty Deeed from Michael Manning, j �o Frank K. Manning, Mike S. Markoff and Patricia Ann Markoff to Point Development, LLC. on July 22, Rob 2015, as recorded In Document No. 2015028408, Official Public Records of Nueces County, Texas. U : - JIB a'in, �� ! err c-- DEC -2 2015 I \ •' 150 1� 5p�° 00 00 / sr i AHlne Rood ' w, Grapnk Scale PLANNING COMMISSION 2 / _ CITY OF CORPUS CHRISTI 1 -100' S 61'19'55'E 660.00' " — .. LOCATION MAP N.T.S. ep,r, ,,,,, . COUNTY OF NUECES _..e <- 's s f e word —"3pe mnaoni Wer 40,4..==.z.,I. • Notal: - • : --v , g, - 1•)Total platted area contains 10.00 acres of land. (Includes — — w rs a Street Dedication) - - - \ \ 0 \\\V a A h , NOJ 6 X015 2.)The receiving water for the storm water runoff from this \ \r xur r \ - I I property is the Oso Bay. The TCEO has classified the \ 2 Lot 1 aquatic life use for the Oso Boy as'exceptional'and \ \ UM 1 ,b\ ,I _ State of texas - --i 'oyster waters'. The TOED oleo categorized the receiving ',N.\ \ County of Nuecm water os'contact recreation"use. \9\ 9 7\1 t''''' d,% 0 This final plat of the hereto described property was approved by the Department of Development \ \ li 9 e,. Service.of the City of Corpus Christi,Texae. 3J Bearings based on CPS, NAD83,State Plane Coordinate r \ \ k System,Texas South Zone 4205. \\\\ I r d This the_day of 20_ 4.)By graphic plotting only, this property Is In Zone'C'on ex \ \,�` p. Flood e Rate p, Community Panel No. 485494 effective date co of Marche 18,, 1985 and a and which inan a an l - '\ ; cej —J err•'ss•c arst +r S t 0540 C, Rather Pottumuthu,P.E..LEES AP Flood Hazard Area. .9 \ \ t-----t, -� ,.'i . Development Development Services Engineer \ \ err we. E...e 1J : 1 i 5.)The yard requirement, os depicted Is a requirement of \ \ p _ 1:; !R; State Texas the Unified Development Code and is subject to change \ \ 0 I9 e_�; Countytaleof was as the zoning may change. A 1 a A i NA' Uebeel Lot 3 �! I ' Thie final plat of the herein described property woe approved on behalf of the City of Corpus Chrleti, 2r 0 Awes ,,$ Texas by the Planning Commission. 6.)If any lot is developed with residential uses, compliance \ \ M.n s l o - with the Public Open Space regulations will be required V A %!" ',z during the building permit phase. \ \ This the_day of 20_ Public Access to Airline Road is conveyed to Block 1, Lot V A 9 ;, 3 through Block 1, Lot 2 by recordation of this plot. T, A �,Yi: \\\ s er,e•ff•E fours I -- Doniel M.Crtmsbo,P.E.,A.I.C.P. Philip J.Ramirez,AIA,LEES AP,Chairman , Public Access to Rodd Feld Rood is conveyed to Block 1, A .'],/,',- Seo Secretary Lot 3 through Block 1, Lot 4 by recordation of this plat. .\V \ a �'i,;, EQ \ No private driveway access onto Lots 2, 3 and 4, Block _ �• \\ \ il",^ '' _.. State of feriae 1 the Former Airline Road. ,,.- , t^ \ County of Nueces M Horna + '"�" l9' " • 3\ I . s - I.Kara Sands,Clerk of the County Court In and for said County,do hereby certify that the foregoing �� 11 , '8 instrument dated the day of 20_____.with Its certificate of authentication was \ \ Lot 4 _I - - filed for record M my office the_day of 20___—At_O'clock_M.,and �. \ \ 1.91 Aorto s duly recorded the_day of 20____.at_O'clock JA.,In sold County in Volume_.Page Map Records. \ l3 fA \ 1 .... \ \ 1'; ', Oraaland Witness mse y hood and al of the County Court,h and for said County,at office in Corpus Christi. \ - -- Texas,the day and year lost Witten. State of Texas _q u' \ \\ I - .. County of Nutmeg .4' \gg,, i' D„» filed r \n\ for Record Kae Sande,County Clark Point Develpoment.LLC,a Texas Limited Liability Company,hereby i' Bixk 2 i ur1 0 I • \!\ Nueces County,Texae certifies that Itis the owner of the lands embraced within the III I to \ \ at O'clock_.M. boundaries of the foregoing plat: that It hos had said lands ii 3 la !- 0a \ sap 1 20 By, surveyed and subdividedle as shown: that streets shown ore dedicated,in fee simple,to the public use forever, that easements I I �`l_ _ 1 Deputy oe ehown are dedicated to the public use for the Installation, )• p operation and use of public utilities;and that thie map woe made -� for the purpose of doecrlptlon and dedication. \1 of Cotton Club Drive ..-\ I t; '1g Thie the_day of 2S_. \ ..._ >. ,uE\ _-.r I t--} i 7 / __ Nuance .t ` \ \ .'—'`-'\ Point Development. 'R —\ ,\ \ \\ \ \ ` / /� - State of Texae U.C.LLC,o Texas Limited Liability Company j 10 \ \ • \ 7 / County of \ ^��' I,Keith W Wooley,a Registered Professional Land Surveyor for Urban Engineering,have prepared the u rr - Estates... n _` \ Y � 11 ala` foregoing map from o survey made o the ground under my direction and 1e true and correct to the By \ 14':;-1'77 TE. _- R Pg•39 55 f _ _--\- \ '3 best of my knowledge,Information and belief; 1 hove been engaged under contract to set all Lot and Fronk K.Mannln President ` _` M.k.n c.! \` is y\ Block comers ce Mown herein and to complete such operations with due and reasonable diligence 9. y o_ s J°'\ \ \ \ \\ A \\ . '\ '� �.'- -- -- consistent with sound profeaelonal practice. State of Texas .\ , \\ \ 1 \Ricca,\` , \\ \• 8i"i \\'\ County of Nueces e \ K \ r n\ \ +s '1__\_":\ R.\. \\ \-..:_‘"_-__...._._.: Thls the__day of 20_ Me Net Po was acknowledged before me by Frank K.Monolog, \ \\I--\_ i —\ -'uu \ \`' — L-,4—_. President of Point Development,LLC. 1 \` _\_._._—\:- �.—....i(-_,J \. __ — I . ...—--President's Mrs— / '!2 Keith W.Wooley,R.P.L.S. . This Ina_day of 20_— ---- �U R B A., ll DATE .9,2013 Texas License No.6163 1�. e_ M , n Est; Ur ENGINEERING JOB NO.: 430/5.000I Rock Moo R Vol.68.Fge,J-C,u9ry.Texas �._..� sex-is0a,, 020,-ae DRAM BY:of vIBH Notary Public la and for the State of Texas ___ ___,,,,, ___. '.e I,___. Exhibit 1 PUBLIC IMPROVEMENT PLANS FOR PUBLIC STORM SEWER & WATER IMPROVEMENTS TO SERVE BRIGHTON PARK ADDITION NO. 2 CORPUS CHRISTI, TEXAS vwMX: 1. - COVER SOW 2 MUG YtRiff Mak 1TEa[FCMM0 OPC Si44p 94CIS SICCTCYSI CCMWID BELOW 444(Q0 LECIID 21 wr OR OCUI Y1 R90M9a1 SVIMY®I/S 9410 41,4OC/al W 0.S ft0XC1 .E titr S1ANDARt}S MOM CRY OF C.C.Fl•04t0 WATER 0C1443 1 Of 4 _ • CAT Of CG ST4442140 01700 047•13 2 Of• CRT Of C.C.274.041tO 04700 Off 441.3 3 Of 4 OTT Of G.C.ST/1O/R0 WAILS MARS 4 Of 4 0131 Dr C.C.214108140 ST0410 20070 0C1Y3 1 Of 2 CRY or C.C.314w0810 SWAY 00000 0C141S1 1 Or 2 Aff 101111-W $.o WM. ' ENGINEER: WrenWare RHODES C. URBAN. P.E. : 2. Gram YC.O.0. 01owni 40 Swn.YO..44Ct101 22.—= Conausrfoont4 > a URBAN 011•.20151211 0110101e4122 ENGINEERING JOB NO. 43015.00.00 DATE: NOVEMBER 2015 f Exhibit 2 Page 1 of 2 Z ' F F . l..EGEND 1 0 •.�� o MRa !.ti.. .....�. �-' . . / ' YY..+ MM i' I nwr.+ . ..w.• ea......+. V i ..----- - y ' 1 so MI 0.1 i !S arr.r..i.. / � . .w 001 Nw..lb. E X X alt • '• s.r_ zmi _ 1 ^o�.+ w I / •••• ••Via.: _....:. MN V. I 1 01•0000�r,�r'a� ur.Mt 0100.80 .00 th.� / a 0•000lill IP ... ..~i 1 TMS ..�.7...a 1 I. 1 ww n'n...r.�ieI. �r t d -II, 1 ; �' 1 1 0 avrrorM • I ` ..i i Eng: Rhodes Urban, PE Engineer's Opinion of Probable Cost December 16, 2015 By: Michael York, EIT for Public Improvements to serve Job No. 43015.00.00 Brighton Park Addition No. 2 ITEM DESCRIPTION QUAN. UNIT UNIT TOTAL H PRICE I COST A. WATER IMPROVEMENTS: ' 1 8" PVC C-900 965 LF $79.25 t $76,476.25 2 8"Gate Valve and Box 3 EA $1,855.00 $5,565.00 3 Fire Hydrant Assembly 3 ; EA $4,500.00 $13,500.00 Tie to Ex. 12" PVC w/12"x8"Tapping Sleeve&8" 4 Tapping Gate Valve 2 EA $5,350.00 $10,700.00 5 18"45 Degree D.I. Bend 1 EA $350.00 ' $350.00 6 8"90 Degree D.I. Bend _ - 1 . EA $350.00 $350.00 r 7 Paving Repair - 45 SY $100.00 $4,500.00 8 Testing(Including Blow Off Valves) &Chlorination ! 1 LS $5,000.00 $5,000.00 9 Mobilization, Site Survey, &General Conditions 1 1 EA $5,500.00 $5,500.00 WATER SUB-TOTAL.T $121,941.25 i TOTAL ESTIMATED CONSTRUCTION COSTS.i $121,941.25 1 ENGINEERING,TESTING,&STAKING FEES @ 12%: $14,632.95 t GRAND TOTAL: $136,574.20 r T CITY REQUIRED PLUS 10%:f X 1.10 TOTAL REQUIRED SECURITY.I $150,231.62 Note:Unit Prices for this estimate were provided by the city of Coprus Christi *Se * -•;r9 k I .t ' Mt INNI0IN6INODES�•URBAN..•o ¢ .S 92606 @,0I�Vei° ,DSIV; 0 is Urban Engineering Firm No. 145 2725 Swantner Corpus Christi, TX 78404 1-361-854-3101 1 of 1 Exhibit 3 Charter Bank December 15,2015 Issuance. At the request and for the account of Developer,Point Development LLC.,3535 South Staples St.,Corpus Christi TX,78411,we,Charter Bank,801 Navigation Blvd Ste.100,Corpus Christi TX.,78408, issue this irrevocable independent standby letter of credit number 8221 in favor of City of Corpus Christi,Director of Finance,1201 Leopard Street 4th Floors,Corpus Christi,Texas 78401 in the maximum aggregate amount of$150,231.62. Undertaking. Charter Bank undertakes to City of Corpus Christi to pay City of Corpus Christi's demand for payment in the form of Annex A(Payment Demand)or Annex B(Payment Demand after Notice of Non-extension)completed as indicated and presented to Charter Bank at the above address of Charter Bank at or before the close of business on the expiration date 12-15-2016. Presentation of and demand under this Letter of Credit may be made be telefax sent from 361-826-3601 to 361-884-2401 with a cover sheet marked'URGENT.FAX PRESENTATION UNDER STANDBY LETTER OF CREDIT NO. 8221',and the documents received and printed out by Charter Bank shall be deemed to be original under ISP98 Rule 4.15(Original,Copy,and Multiple Documents).City of Corpus Christi Is requested to telephone Charter Bank at 361-884-7681 and to identify this Letter of Credit and City of Corpus Christi's presentation being telefaxed that same business day,as a courtesy and not as a condition limiting Charter Bank's obligations. Overdrawing. If a demand exceeds the amount available,but the presentation otherwise complies, Charter Bank undertakes to pay the amount available. Expiration.The expiration date of this Letter of Credit is December 15,2016. Automatic Extension. The expiration date of this Letter of Credit shall be automatically extended for successive one-year periods from the then current expiration date,unless 90 or more calendar days before the then current expiration date,Charter Bank notifies the City of Corpus Christi in writing by certified mall or nationally recognized overnight courier at the above address that Charter Bank elects not to extend the expiration date. Payment. Payment against a complying presentation shall be made within three business days after presentation at the place for presentation or by wire transfer to a duly requested account of the City of Corpus Christi. ISP98. This Letter of Credit is issued subject to the International Standby Practices 1998(ISP98), (International Chamber of Commerce 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. Issuer's Charges and Fees. Charter Bank's charges and fees for issuing,amending,or honoring this Letter of Credit are for Point Development LLC's account and shall not be deducted from any payment Charter Bank makes under this Letter of Credit. Very Truly Yours, !/William Hulsey Executive Vice President William Hulsey T'P for Charter 4. MLO#713700 (361)884-7681 • Fax(361)884-2401 • 801 Navigation,Suite 100 • Corpus Christi,Texas 78408 Exhibit 4 Page 1 of 3 Charter Bank Annex A:Payment Demand 12/15/15 Charter Bank 801 Navigation Blvd Ste.100 Corpus Christi TX 78408 Re:Standby Letter of Credit Number 8221,dated December 15,2015, issued by Charter Bank ("Standby"). The undersigned Beneficiary demands payment of$150,231.62 under the Letter of Credit. City of Corpus Christi states that Point Development LLC.,is obligated to pay to City of Corpus Christi the amount demanded as provided in the Deferment Agreement between the City of Corpus Christi and Point Development LLC,as Point Development LLC has not installed the required improvements or vacated the plat of Point Development LLC within the time period allowed in the Agreement. This Letter of Credit supports Point Development LLC's obligations to the City of Corpus Christi under that agreement. City of Corpus Christi requests that payment be made(at the place of presentation)or(by wire transfer to the City of Corpus Christi's following account: Frost Bank,City of Corpus Christi Combined Funds,Account Number 664012798,Routing Number 114000093 City of Corpus Christi,Texas By its authorized officer: (Signed and dated by the City Manager(including Interim or Acting)or any Assistant City Manager or the Director of Finance(including Interim or Acting).The signature of such official claiming such title together with title designation of the draw demand shall be conclusive on the issuer without further exemplification or other proof of identity or title.) (361)884-7681 • Fax(361)884-2401 • 801 Navigation,Suite 100 • Corpus Christi,Texas 78408 Exhibit 4 Page 2 of 3 Charter Bank Annex B:Payment Demand after Notice of non-extension 12/15/15 Charter Bank 801 Navigation Blvd Ste.100 Corpus Christi TX 78408 Re:Standby Letter of Credit Number 8221,dated December 15,2015, issued by Charter Bank ("Standby"). The undersigned Beneficiary demands payment of$150,231.62 under the Letter of Credit. City of Corpus Christi states that the Letter of Credit is set to expire fewer than 30 days from the date hereof because Charter Bank has given notice of non-extension of the Letter of Credit and no satisfactory replacement Letter of Credit has been timely received. The amount demanded is required to secure the obligations of Point Development LLC.As provided in the Deferment Agreement. City of Corpus Christi requests that payment be made(at the place of presentation)or(by wire transfer to the City of Corpus Christi's following account:Frost Bank,City of Corpus Christi Combined Funds,Account Number 664012798,Routing Number 114000093 City of Corpus Christi,Texas By its authorized officer: (Signed and dated by the City Manager(including interim or Acting)or any Assistant City Manager or the Director of Finance(including Interim or Acting).The signature of such official claiming such title together with title designation of the draw demand shall be conclusive on the issuer without further exemplification or other proof of identity or title.) (361)884-7681 • Fax(361)884-2401 • 801 Navigation,Suite 100 • Corpus Christi,Texas 78408 Exhibit 4 Page 3 of 3 City of Corpus Christi,Texas Department of Development Services City of P.O.Box 9277 iiii- Corpus Christi,Texas 78469-9277 (3�oru� at: 24 6 Leo 0 Located at: 2406 Leopard Street Ch 1'l�7�� /�►/w xn+ (Corner of Leopard St.and Port Ave.) -y -C 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: Point Development, LLC STREET: 3535 South Staples Street CITY: Corpus Christi, Texas ZIP: 78411 FIRM is: ❑ Corporation ❑ Partnership ❑ Sole Owner ❑ Association j Other Limited Liability Company 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) N/A 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/A 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Board, Commission, or Committee N/A 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 N/A 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: Frank K. Manning Title: President (Print) Signature of Certifying Perso -- - ate: N-1--1-- -�_\S - K:\DEVELOPMENTSVCS\SHARED\LAND DEVELOPMENT\ORDINANCE ADMINISTRATION\APPLICATION FORMS\FORMS AS PER LEGAL\2012\DISCLOSURE OF INTERESTS Page 1 of 2 STATEMENTI27.12.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 DEVELOPMENT\ORDINANCE ADMINISTRATION\APPLICATION FORMS\FORMS AS PER LEGAL\2012\DISCLOSURE OF INTERESTS STATEMENT1.27.12.DOC Fvhihi+ ci Donn 9 of 9 . Doc 2016. 000940 t Pages 18 01/08/2016 1:49PM Official Records of NUECES COUNTY KARA SANDS COUNTY CLERK Fees $83.00 Any nrovisinn herein which restricts the Sale/ Rental or use of the described REAL PROPERTY because of Race, Color, Religion/ Sex, 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 sevuence on the dote and at the time stumned herein by me, and was duly RECORDED in the Official Public Records of Hueces County, Texas KARA SANDS ff 73414, ~- _ ��� / C y of Corpus uOrisQ D8folpmentServices/ Spec'afSe[v'ccz 2406 Leopard, Suite `C3