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
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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
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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
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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
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Na
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of
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0 dod_Al.
m BX
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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
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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
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s
Slate of Te.s
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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
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@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
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ENGINEER -
RHODES C. URBAN, P.E.
Exhibit 2
JOB N0. 43012.00.00
DATE: JANUARY 2016
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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