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HomeMy WebLinkAboutC2016-125 - 3/29/2016 - NA Dort 20 1 601 4 1 53 t Pages 19 1)4!08/2016 1:31Fl1 Official Records of NUECES COUNTY KARA SANDS COUNTY CLERK Fees $57.00 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 Medistar Corpus Christi Rehab, LLC, (the "Developers"), in order to defer the completion of certain required public improvements prior to recording the final plat of Schatzel Tract Block 1, Lot 1A, 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 Two Thousand Nine Hundred Twelve Dollars and 04/100 ($102,912.04), 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: ^-°�~^��•^.,,f PJ dolor riirpus Christi Rehab,LLC-Schatzel Tract Block 1,Lot 1A vFinal Page 1 of B 2016-125 Agreement Template Version 1.0 1.20.2016 3/29/16 Medistar Corpus Christi Rehab 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 One Hundred Two Thousand Nine Hundred Twelve Dollars and 04/100 ($102,912.04), 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, redemption, restrictions, limitations, and use as made be made subject to this Deferment Agmt Medistar Corpus Christi Rehab,LLC-Schatzel Tract Block 1,Lot 1A vFinal Page 2 of 8 Standard Form Deferment Agreement Template Version 1.0 1.20.2016 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 Medistar Corpus Christi Rehab,LLC-Schatzel Tract Block 1,Lot IA vFinal Page 3 of 8 Standard Form Deferment Agreement Template Version 1.0 1.20.2016 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. 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 Medistar Corpus Christi Rehab,LLC-Schatzel Tract Block 1,Lot 1A vFinal Page 4 of 8 Standard Form Deferment Agreement Template Version 1.0 1.20.2016 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 comply with any term, condition, or requirement of this Agreement constitutes a default of this Agreement. Deferment Agmt Medistar Corpus Christi Rehab,LLC-Schalzel Tract Block 1,Lot fA vFinal Page 5 of 8 Standard Form Deferment Agreement Template Version 1.0 1.20.2016 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 Medistar Corpus Christi Rehab,LLC-Schatzel Tract Block 1,Lot 1A vFinal Page 6 of 8 Standard Form Deferment Agreement Template Version 1.0 1.20.2016 EXECUTED IN ONE O GINAL and made effective this day of (/V\&VAA , 20` . CITY OF CORPUS CHRISTI P. O. Box 9277 Corpus Christi, TX 78469-9277 (361) 826-3240 Office (361) 826-4428 Fax ci_AA"4 Signature �f]� Printed Name: DCS !1 t / ill G 6 0,1 vt Title: Assistant City Manager, or Designee THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on iM+4'ZC ( 0261 , 20 IC, by —a—v.wU C • LAI U , ��1A1US FK111"^1e`Aa w (title) for the City of Corpus Christi, Texas. I µr 4 41 JUAN C LUGO j ^`� My Commission Expires l< p ' � October 15,2017 Not. P,/1 " gnature APPROVED AS A STANDARD FORM LEGAL DOCUMENT: t"' rLI\ , 20 IG CITY ATTORNEY Signat e `` Printed Name: J Ulor\ �Nvi Title: Assistant City Attorney Deferment Agmt Medistar Corpus Christi Rehab,LLC-Schatzel Tract Block 1,Lot 1A vFinal Page 7 of 8 Standard Form Deferment Agreement Template Version 1.0 1.20.2016 DEVELOPERS: Medistar Corpus Christi Rehab, LLC. 7670 Woodway, Suite 160 Houston, Texas 77063 (713 266-8990 977-7 '7 (FAX) 4gnatt0 e - ed Name: Rick Zachardy Title: Vice President/Secretary Medistar Corporation, Manager of Medistar Corpus Christi, Rehab, LLC Date: 3/g4ignit! STATE OF ! ?,n� § COUNTY OF //d/NO This ins rument was acknowledged before me on N/1VL'// 9 , 20/G, by 44:F7 KALEE NICOLE MEORANO s Notary Public.State of Texas } } My Commission Expires April 14, 2018 Notary Public's Signature Attached and incorporated by reference into this Agreement: Exhibit 1 – Plat ( 3 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 Medistar Corpus Christi Rehab,LLC-Schatzei Tract Block 1,Lot 1A vFinal Page 8 of 8 Standard Form Deferment Agreement Template Version 1.0 1.20.2016 Stat* *1 Rs Cont* M Hoses Lasso 5. Seism aaa04r silks that ha Its • 4.(1(152 B.lr.e1 M IS l.d..nnroced SS N* ban of ilo lanmaing Mat that M Ise het bold Ind. arwhwd 0n0 fikided de .ho.. that .uw/. Mhos boa keat.d h Ie 04.4.1• la the public .s* farms tat 0.snstle as Octan Drs dsdboted to N0 pitta vs for No hwlereilrt. epsilon and se of plOa ORS and Not Ui. my so Mase M IS papaw of des apnea and oakstbn. TAY No 40y of Blc Laytons S Sway Slats err Ise Canty of Huse ihY 04.tmem.ni as acknowledged b.be me by Aubrey Saorc7, by Pasr of Stamm fes Lass s Setr<r. Tee. Ne — dry of 20 Hatary P,** In ane tar N. Stole a1 Taw 5101s of Toed0 County of Was Skews. Y. Rood flak hereby rertNes Not .h. Its a 4.6955 blast In the Bade amMeee SITAR M bana01* of Ms fansehg pat Nal M• lido KO 004 SO. arose red aeas/dad m Mas Not Sets Omsk ns. dsOcsted In fee Wet. le Ne pApb uw Mawr hal 0wa0tsits as Mown on d.kaal.4 to Ns milk us M to totddlan, 0pe*tbn out se of pose aIle.: out Not IIT. rem es mode to N. purpose trf te0Npllen and dedhat*n So 1..e _ day al B• %ens Ib wood Bush 5l*t. of Twos County of Ness This fNan.nt woe ocn.M.ap.d before my by ti,snan - wood &.t 11M to — day el 20 Notary PON0 h and M he Slats of Tose 5t01. of Tess Carly of Secs Richard L. woad, Jr. hseby tortSs Not h. hs o SROSR Inks/ in N. Isis erberd S OS N. bored0M of the foregoing pot Bal ho hos hod mid insole asn)sd arbkdeS s Mewl: that tush Ns art mambo/ h Is Skis to the public use foraw: that wossne.la s Mown ort skated to N0 public vs. kr Ih• 001as4b,. cooratlen md of p ma utfltle. std that US p woo node M Ngo*. Ns puss of This the _ day of 20 B y Pittard L rood. Y. Stat. d Taw County of Mr.0 . 1h1 mattnett *a od..ed.dp.4 ale. no by Resod L Mae Jr. The tM _ day of 20 Notoy P,NS h and b Bre Stale of Te.s Stat. of Toss County of Nose Tae.. B. Rood, hereby oarlike Not M Is to I.ee= Snot h he logs embraced dWr Na boundaries al IM fore mn plat Nat M hs IS sold Inti Poly*! mo su0®i0.0 s leen: that Sets Ms am doeal0d In to Solo fa Na psbib us kronor; that ssman4 s So.w Ore skated to Na peen us kr IM h.idefter, soothe aW tom of Silk SIt1H•c and But Hi map ss mak kr Ba kiss 01 4.00.1l.01 and dadbotlet. IAb tM arty of 20— Br louts 0. Wood State of yew CO0M9 e/ Nvsc.. This Isbunml was a0Yna.l0dp*d aafore la by Tablas a Sad. mi. Br. _,Y__ my of 20— Notary Public b and ke tM State of To... Stals el Tomos Canty of Huse Pots 1 L. MmS, hereby SITS that h. Aso 4.1952 beast In Na buts embus, .that M* boloarloo .f Po lamming pot Not A. Me Isd tld lands esv4** and eVk,Y.d s Ss eel etrsto earn is SASS In hoe Split le IS pubik w besot, that .slm*M* s Sw.. am 4.4oet.4 to N0 SS ass kr IS 0Na*atl ,. cpealbr, and use of Sib 404*... and that thin *No was nos M N. pwpos of ds.prpll.n and SSTs. Ibis the — day of 20__ SI.1. of t.w County of kr.0.0 has Onlken t was adu..wl•k4ed Oat• nu by Pols IL coe& mY the _ Ory of 20__ o101ery Ptak 40 and In the S1a1. of TOas Plat of Schatzel Tract Lot 1A, Block 1 rails 11 IDI{ PLANNING COMMISSIGN t Loa octet of And bang of d Schohw/ Trod 1, an Ad91Yad t the Cly of Cope Mitt Meda Cour* Taos, or sheen by tM map or plat thereof recorded is Berm 34, Pop 44 Jfw hearth of Maces Canty, Timm AI of Lots lambed Arian (73) ad Fatten (14) and the South Twnh' Fre! (5277 of 7d limber Teets (121 N act Minae Pre. (3,L a fner. afControl tars too+ pal* Control and wctMfp wahocar ry's Su dltshn h aha C4 of Cops QW L Awes TM; =Wog to a map a pad of Rod wddlision rmped h Malmo 1, Page 7, of Or leap Recon *7 and Coo* TR+Ltt to 'Mai reforms b hent mode for al/ pt pup odd of that portico a M. / S Massy Trod kdpnig said An. together nth of improvements t01BOV bong the rams trod of And deathbed is awl catyad by that anon deed from Mry E for end .dA .bkw0i,. A &15. m graded Maori to Robert T. urn and NYet omit A F61, at granted think, doted August 7. 1971; nand It Kane 1662, page 934, of Me Dad Records of Mean Cou*Q; Tale At a Prada d tots Ma Tee (10), Dawn (111 owl the lmt5 Ditty (sol Far of Radixes! tat Term (72 it abut Rh Tree (T) of the Beach Poftim of the Central tined it Morehouse Ar* A46d4via h 1t• C r of Cope C7rde4 Tema art shops by mad Manor recorded h Bustle. 1, Pogo 1, Mrp Records a Mvars Con* Tarr ad that portico of the IIS Mad .brat outpost acid bot a sho.m by moo of said Tied recorded 8 4, flap 31, taw Ram* of Meas Liner; Taos and Trod Mt Am (3) a tar Wbiion of the ovoid peon of do W. S F4409 Y AMMCT. made by G F. Maher on Amoy 79, 11 and 24 1914 as s/roen by the official naw of sod pablem of retard h 16tme 4. flee .7 of m. hap Recent of *ease toady, Tear. Corpus Christi Boy Location Map: H.T.S. Stela of Tam County ai 44.ec.o hi fid Mal of Ute Mel. MUOed papwy•ppe•.pa0nw •*d by Ma of Dolopo nt Souks. of IM 011y of CapsTama. CMS., p RS II.. — day M 20 Rous Pstrrae.A P.E.. (E1D AP Deslapsnl Semiw. Rubs* soma. d Taos Corny of Hues Ti. Mad plat .f doe heroin Scribed property was Sowed on uehdf of to Gly or Cape G.l0O. Taos by IIs Planing Commits... 11s leo _ day of 20 Dorsi N. Mb..04o. PE. A1C➢. Flie J. SST. ASA, LLED AP. Charman Seorolory 5101. of T.w Canty of krona t, Nara Usk, COS of the Canty Court h M mid d Canty. do hanky sale Not N. t••going 400000., 03 day of 20 Set Its e.tl*eol. 0f ..Uotllsbm q IBM M sore b my olds Il.. coy of At — MSS --01. awl duly mambo] N. _ day a1 A 0t — 0'd*0 _It., In told Coney h Weans — Pope Yap Rem... boldos my Aad and .ad of No County Cort, In and M said Canty. of .asks 40 Corps Doha fan. N. dry out Ie. last wens,. Na Cls M Rowe of Ss sold.. Canty 5101 Huss Canty, Tins 0 dod_Al. m BX 0epdy Stott. of Toa. Canty of Ss l Jams D. Cort. a Rap et.ed Prohabd Lend Surveyor far a Br1Eng4ahspars! I.*w pared Ne foregoing map from 0 mock and No o.f 1 ground sou0 Y Ob<flvInoust n ed to v. ma out to Na Se of rny o4Opq hlo,not*.,pap 0 volt sips( to w1 as Lot and Bak acnes s Sean hath and to carp4t..al. openlbn0 dt0 des and r*o... h. steels* .hh 0.04 pro/geese proctlas The iM _ day el 20 Ss O. Carr. RPJ..S loss those Na NSI OINURBA.14" EN.pr IEETNG DATE: 5.f. 23. 2113 SCALE 1.40' JOB NO.: 43012.00.04 'REEL: 1 .f 3 CRA*39 BYx0 MISPIIIIK.1111,011 VIM RIR! all s Slate of Te.s Coolly of weep The CoMerino S. fain 9..00m. Trn.L hanky canto* that 11 two a 46!51 %fowl In the lax* .nhaced ahem Ma belndaoe of Use forepolnq plat tat N hos bed sold Md* armored end erhebde.14 . M.o.s that *Mete shown w dedicated 1n w erste I. tan ppWudia1a , . former that .oprma.le eta Moe. a.. dedicated to 1 p4bi4 um M M. 1..t.0051... aperalan end ..e of tamale Minim oM Mol the nap male mach ha N. purpose of 1ecry4im ,ed dedleelnn. hie the — day of 04 oho GNah• A Fin Hommel. Treat By Cathodal S fin Trate Slate of Tee. Canty of 10.1. 20 Tho Min. 1.4 .as edarMedp.d before me by 0.0.414. S Fire... heat. of the 0.thah. S FYe Ram. 1Ae4 an behalf of mid true. Tao Mr _ day of 20 Notary P.144 N and M Om Slate of Imes Stat. of Term County of 40.cs CSO Remable S+l.s. LLC.. hank certifier. hot R mea 4.60S* Menet I. M. lend. m rmot .4404. the t.c nals 40 of . ferayabse plot: Nal It Ins fes odd laid* ae1•4•• mrd a1edd.d s Moen; Mel Monk. Mem ore &rebooted In he Me.pl. to N. pub. Mem: that enamor. as Moan en d.ia..l.d la Ian malt use M Ian opaollan art um of FRAM 01E41a and IMI MM map ms .made M Me pups. of dm4lan ad d.dooUae TfW the _ day of 20 By: CSO Revocable Sub*.. LLC... 1... I}n6d ld4)y aampany Or Slat. of Tema Canty of Hamar ■od. L Greredo dao. 440.09.1 401 Iebv..an1 b nckn0M.dq.d bolo. me by Roy 44. Cia.da.a and Wad. L 41..emdemt . *0.oq.1n of CSO Room!. Surtax. LLC.. a Tee. Ibdtd 11s4fy company. an bard* of mid canonry 71.M N. _ day of 20 Notary Ptak in and M the Slone el Tan. 51o1. of Tose Canty al Hum. The N.nta lambed Omaha 5.any hasopernot heal. hanky .art*Ree that n fuer s 4.27371* Morel h Ile Muds ambree.1 .Me M. boundaries of N. Mpa1p plat; Not Il M. had sold Imre .a..rd and *111. .d . Msec Mot .a*eb Moes one des/sated F w ,Mold a Me Mbar sae roman IMI .eerr.ante . Mom am dMml.d to the public .e fan the h.ttMMa., operation end um of ;abet .toll.. add Orel tho map .. nada M M. pumas of d..vbtan ad 4.10x440.. DM M. _ day of 29 BY Wee. Farpa baa. N.A. Mato 6y Ooach Cwnfa Senior A.ol.l lute.-Prea1a.f end haat Yampa Slat. of 1*.. Canty of Heroes Tho hemmed .as alnoMadpd bele. Ian by Gonna. C..s.da . 90.bl.nt Vice -Fredman! and Mae Yanepa for Wale Tape Bad. N.A. Mode* of the Stmt., to.mat Wrath Seamy 44oe9..d.1 Tryst on behalf of aald Moat. OM M. _ day of 20 Moto/ Polk h end M M. Stele of Tame Stato of Ip. Canty of Ierx. lucky S. LLC... hereby certifies that N h. a 1611217[ Interleaf h the lava embraced . Ilfb, Bre OmmOmfra of her Malay Pat Mehl N Imo hof add Sande summed end e 14.sad . oha.r1 trot rarest. Mens are dd.td h w saaph to Me MARC .sal forma; Mel armada . Mom ere dtlmtd *0 the public me her he hotelman, operation and um of Manta Wallet add Nal rh1 mop .am merle fa he pupa. of M.erptke ad d4A.lim. Tho M. — day of Br Wcey S. LLC Br Pony Chaim. Whore St01. of Teo. County of Masa Ode hmtnm alt roe od needed before me by Perry Oua&.n. oe Ma••9e of tacky S. U_0. on behalf o1 sold cvrpany. Tho ter __ day of 20_ Ritual Rabic is old M the Stole of Tr.. 11M..1 T® County of Nowa *Chary He'd Palma Ltd., o ip. Honed 604:11TT awneany. haebl e.1Mh.. Nat It h. a 60164X fishnet 1n he 14..444 embraced within he baue.0arler of N. 40..4.400 Pat that N hs hod sold hada surveyed end auedl0dod . M..rc Nat *Moto *awn as da10Cld h tad to Om mak uw.e l 90e Wrote hetaas.Bthe *m. operettas end me fatIPPIC Hot of p.dk t allot and show hat Oh map ma mod. for the pope 0* doo4lbs and dedlooWn. Thal the __ day of TO— .y Pre Tea 41C, a Tees tingled omnty company. Gnarl Patna BX ROebey ley Martin. lla.ogr Stat. el Teva County of Noma. Tho Miramar' ear adaw.Ndaad Dean. me by Rodney Jay Worth, p Yampa of Nam T.*. LTC. a Teem *Ntd &salty company. Cenral Partner of lamer Notts Portnen. Ltd. o Tams IMAM Whinny company. on band/ of odd canpany. Tho tan — day of 2d Malay Pubic h one for M. 5tate of imam Plat of Schatzel Tract Lot 1A, Block 1 ,i} 4'' 4 I.c.2 6 W M '" PLANNING COMMISSION 111 `7 MA 20 den. of had brag of of Schatrd koct 1. an Adta o, o the ay d Carpe Christi, Msads nap*: Torg or sawn by Ms rap or pat thereof morals! b 14109,9 34. Pep 48, Mp Records of Medals Cooly, Taxa At of Lob Midas Piton (13) tad Fasted (14) ad the south Toady fort (szo ) d Lot Moder Mew (14 b sock Mndr Three (J2 of U. tbac/t Arno, d Castrol "had and Rbahofmp Cdrrp1q's Sbbdh. n h Nr. 6Ty of Corm aArhti Mora 144 r Tarsm oacora4q to o rage or pal of said sfddh6{» marded it Ibtsn. 1, Pout 1, of Nor Mp R.nTrds of Masan County; Tama* to .nal, fed f.lfar h Here nada for of prpmrt ad al that porton of dA. 1.S Nancy Trod **king wad bt; Wear 9140 d irprawrsds thaw base dM ram loci d and drvrbod h and came. by that aorta, dead has My 1 Oar to/ irk Jos pSild A bWL m aortas rh.14L to Robert T. Gin ad 9i$ anis A Eri7, as dabs, Mama dThd August 1, 1974 monad In *Arne tea pop 934, of Nre Caned Records of Mows Comfy, Taw Af of frmc4bnnl Lott AU Tat (111,! anon (11) and 1hs Abrth Thiry. (302 rod of finebird Lot Tole (122 40 16.c4 641 nag. (J) d the Lira, Portio, d the natrof (Mart & Obahoaw Clmpor'i 9tla8idn it Ih, City of *bpm ChM( Toms, as shorn by ante bona matted in 1410..4 1,/ Rya, 1, U� Records d Moan aunty, Tamar oro that portio a fan on W1ro Rip Trod AO adjoins Records d sled q mqp d gad Tibet monad h Nudes qty: Taos and Trot Ho. The. (3) of Lha Ported of oho unsold portico d the r. S MVO' MCT, mob by C. F. Ardor on .k.*o.y 1R 22 and 23 1914 as shorn by the o/4dd asp of sed patDm of mord h *keno 4, Pap 34, of the Pp Records d Moms County; Tema URBAN ENGINEERING DAM 5.0. 23. 2013 =ALL 1 -40' JOB N0.: 43012.00.04 511117: 2 of 3 BRAWN By: 11:0 r A'ocn ,01 'vO'ae *, , 4 CqY ,. fe.g to, e 3 @r tt�$ iu, T1Kt A M S Mere., Tract r; E o-, .. Vd. s, y!• CAH. is.aa 2 a It, al /IeerH1414 tot 4 Rotas- 1.) Told platted area contains 2.83 Does of land. (Indude• Street Oedk»tion) 2.) Th• receiving water for the slam water renal. hen this property N the Carpe prod Bay. the TCEO hes classified the aquatic IIH use for the Caves. Christi Boy as '•srptfond' and 'oyster water.. TCEO oleo categorized the Cathie aal.0 Boy as 'contact reasatim' use. 3.) Beorips based on CPS, NAD83, Stole Pia. Coadrtate System, Tszos South Zone 4205. 4.) By graphic plotting y. Nb property Is In Zone 'B' on Flood Insurcnc• Rote Yap, Community Pond m d No. 485.64 0t67 C, sty of Corpus arbu Issas. .hide peas on effective dots of July 18. 1085 and Y not in a Special flood Hazard Area - 5..) The yard requirement, as depicted Is o requirement of the Unified D.veioprmenl Code and Is w.bject to chap. as the zoning may thong. 6.) If ony lot H developed with residential uses, compliance with Ih. Public Open Spore regulations ell be requie0 during the building permit phos. 7.) Canto.. shown are based on 9490 86 Datum. 8.)11 any Ht Is developed with reeid.ltld uses, rad.p0•nes with the open .voce r•pdotlons 041 be required clod.; the boldin;. me 3.4 fij tot 5 lira '- 10 sa Ia a s0 M t'.es 0 I 1 9 savor e., •r r. it ver w. eK tredveaG G.C. If • 04.//0 -Min Om .4 O 04. ore 1Y4 Plat of Schatzel Tract Lot IA, Block l CP) lti717 Mel t! 'huh PLANNING COO,NSSION 263 acres dkind EdgddSdatnlTrod 1, an/4iianbthe Clyd Caged grist( Msaes may Taw. a1 stare by be map or plat thereof recorded in tbta.s 34, Page 46 lop Records d Hueco Cotayt Tool: N d lobe Arnhem Aileen (13) and Forties (N) and the Sag, ray Feet (S2v d Lel Mohr /Maio (12) in fibre ?Amber T1rr. (JA of the Beach Portion d Central Shoff and Ilbrehala. Conpsg•i 9dd4iehr as the 13D' d Cope Mist( Metes County, root according to a map or plat d lad sdlAfabe recorded h Want 1, Ave 1, d 1M Mab Reaords d Moms C10om Tam hr IMAM tofrera b Ara mode /6r d Aroma, and d Mol pardon of the W. S Mowry Tract djroirep wad loot together .a11 d Inpnevana,b Marren being the arm bud d ked described 6. and conveyed ty Mot certain abed from Roy E Dar and da, Josephine A &. m grunters Merit M Robert T. Min ed eft tai. A Edit m grantees ten* *ted August 1, 1974 recorded b *boo 1662 page 934, of the Lid Reset d Mean (]any;os TaJ d Freedland lots No. Ten (102 (dove ria and the htrtl. Aeiy (x7 Feet d Fmr6a.w tot T...W (121 in Dooy Ant Dere (J) d tin. Doan Portio, of the Central Nays & *rehouse Cinpayi .4dd*iian h the Cly d Cepa Christi Tart as stare by map aria recorded in Malt 1, Ape 1, My Records d Mode Cooly. Taal and that portio, d the I/S Barney trod Ma ops sad b4, as share by map d said Trod recorded 4, 11Hm d Ave J/, Map Rear* of Mean County, Tarr and Trod 441 Awe (J) of M. /WAN/ of the owed padre,' d the It 1 Whiff made 22 old 2.19 4 as show by Me &Soid neap by said prefab d pref, d n C F Hitcher (10 Awry 11NMm 4, Page 34, d M. ler Records d Marra Coady, Tem. � URBAN'w 2013 ENGINEERING JOB N00. 43012.00.04 / 1BY:: X0 PUBLIC IMPROVEMENT PLANS FOR PUBLIC UTILITY IMPROVEMENTS LOT 1A, BLOCK 1, SCHATZEL TRACT CORPUS CHRISTI, TEXAS met I. 1. 1MUC WW1 r1U1 sal 10ronC 11a4E110 14111 0(0CM1t O 101:1 WIN t+a8 t14 FJICC n a1 a tail• rt ((1ltarlal t/p.000 Al r(•4 ...Will 0 M /tlitl 1111 s1AMOAR115 MKT,. O rf 01 CO. 101/Gu1 *Me WIN] 1 W a Oft 0( CC 3104(410 4l(1, 0(1a11 7 of OTT Or C(. 01011/0 Yaa[af 0(104.3 i of a CT PCL 11.0.0 ra141 0(141 a p • Darla t7Mlar 11.a.. a GP, r4 ramo r...�rt. wa1. W FTt.u. t. 0* n1 Il us+ta u anram ENGINEER - RHODES C. URBAN, P.E. Exhibit 2 JOB N0. 43012.00.00 DATE: JANUARY 2016 Pane 1 of 7 m x 0 ZJoZaped a; 1 ,,•..•f tillc*•lfi .,. iiiii"10:1101111111114i11.11;S:14:1141`d`''I p 1 I.rt} • ! i;li igh rq:11 1111,111!1• j ,q[qI : i 1 � ill t` ;11111 t ,1 .' i ifij 11 ! 1 II ff 18 I;II:1 } r r. ;$41111;1y1 1.f 8 pl *4* .. ; I I WW1: O 11 11111,9111111 i -1,i1 ` hill • 11 1g. LOT 14, MOCK 1 ttaufm num C01hJ! CNdfA ICUs 8 a 8 8 8 8 „t._ 1111111111!"11 1 a... —t=,. l : 11 I 1 I 1 LOT 14, MOCK 1 ttaufm num C01hJ! CNdfA ICUs 8 a 8 8 8 8 0 Cale -' Ilse 1111111111!"11 1 1 : 11 I 1 I 1 i 9 E. Er-. III 1 1 i 0 Cale -' Ilse Eng: Rhodes Urban,PE Engineer's Opinion of Probable Cost January 18,2016 By: Michael York, EIT for required Public Improvements Job No.43012.00.00 for platting to serve Lot 1A, Block 1,Schatzel Tract ITEM 1 DESCRIPTION QUAN. UNIT UNIT I TOTAL PRICE 1- COST A. WATER IMPROVEMENTS: 1 8"PVC C-900430 LF , $79.25 $34,077.50 2 8"Gate Valve and Box _ — 1 EA $1,855.00 $1,855.00 3 ,Fire Hydrant Assembly 3 EA 1_ $4,500.00 1 $13,500.00 Tie to Ex. 10"PVC w!12"x8"Tapping Sleeve&8" 3 Tapping Gate Valve 1 j EA $5,350.00 $5,350.00 ,Tie to Ex. 10"PVC w/12"x6"Tapping Sleeve&6" 3 Tapping Gate Valve 1EA I $5,350.00 $5,350.00 Tie to Ex.6"PVC w!6"x8"Tapping Sleeve&8" _ 4 Tapping Gate Valve 1 j EA _ $5,350.00 $5,350.00 5 8"45 Degree D.1. Bend 2 I EA $350.00 _ $700.00 6 8"11.25 Degree D.I. Bend� 1 EA $350.00 ' $350.00 7 Pavi Re air 65 SY $100.00 $6,500.00 8 Testing(Including Blow Off Valves)&Chlorination 1 LS 1 $5,000.00 $5,000.00 9 Mobilization,Site Survey,&General Conditions 1 EA $5,500.00 ( $5,500.00 �_ — — -- i WATER SUB-TOTAL:1 $83,532.50 TOTAL ESTIMATED CONSTRUCTION COSTS: $83,532.50 i i _ ___ ��__^ ENGINEERING,TESTING,&STAKING FEES @ 12%0:' $110,023.90 T_ GRAND TOTAL: 593,556.40 CITY REQUIRED PLUS 1086: X 1.10 TOTAL REQUIRED SECURITY: $102,912.04 _I i 1_____ _ Note:Unit Prices for this estimate were provided by the city of Coprus Christi _ P^— f ` ,• 1 HOOE§C.URBAN 4 S fit) lIV Urban Engineering Firm No. 145 2725 Swantner Corpus Christi, TX 78404 1-361-854-3101 1 of 1 Exhibit 3 Page 1 of 1 NOT APPLICABLE City of Cartes Mini,Texas iiiN Norman of Da+etopamar services 41044 City ofP.n,Tcu277 Coq=CIaidTaw 71469.9277 (361)126.3240 CorpusLocoed se 2406 Leaped Strew =Christi (Censer of Leopard SL and Pon Ave.) %N..r.r 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: 1/49/9-0,-2,- 4N.4'4orf 1S"i �� 1 Lim STREET: trdt Aeie 14 CITY: 4'i/.570.d , T}, ZIP: W463 FIRM is: 0 Corporation 0 Partnership 0 Sole Owner 0 Association gOther L.L. 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) 4,4 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 4/4 3. State the names of each "board member"of the City of Corpus Christi having an"ownership interest" constituting 3%or more of the ownership In the above named"fire". Name Board,Commission,or Committee /il/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 -Consultants" 0 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: B •/ Title: 5✓/o/Gf o (Print) Signature of Certifying - • P1 d6 ` 1 Date: 2- - /6 K1DEYELOPN DEVEW . .. • • ADMWISiRAT1041A1PI.ICAT1QNFORMSIFDRMSA3PER LEOAL12o121D1SCLOSUREOFINTERESTS s STATSSWfl17.12.DOC Cvr,;t•.id C p.m 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. a. "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. 1C 1DEVEIDPMQ.TSVCSLSIIAREDLAND DE VELOPMENTORDINANCE ADMNISTIIATIOMAPPUCATION RORMSIRORAIS AS PER LEDALl2o1 ZOISCLOSURE OR INTERESTS STATEMENT1.2112.DOC Cvkihif r; D..«.. rf ..i n 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. M .:na.re.uo..r...aanar...sue edistar Corporation sank of America 7670 Woodway Ste 160 Houston, TX 77063 az•z 1110 DATE CHECK NO. AMOUNT January 26, 2016 102506 *$102,912.04 Pay:**"****One hundred two thousand nine hundred twelve dollars and 04 cents PAY City of Corpus Christi TSH O THE 1201 Leopard Street OF 4th Floor, Finance Dept Corpus Christi,TX 78401 V7L`% , 4 Attachment A Ren&ii s•ct M. 6aAct Awit,t,Wo,kc PAO From:grwrnica-, ,ticp,cep=p C y of Corpw, De te4-.)pmert1 Special Servt(n. 2406 Leopard, Suite -.C3 CNpus Christi, TX 78408